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27 Wis. 414

Thomas v. Mitchell

Wisconsin Supreme Court

Decided January 15, 1871

Wisconsin Supreme Court · decided 1871-01-15

Action to foreclose a mortgage made by the defendant, Elizabeth Mitchell, April 23, 1862, to secure her note of the same date for $1,155, with interest at ten per cent., running to Elizabeth Thomas, one of the plaintiffs, with whom her husband, Robert Thomas, joined in bringing suit.

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

How this case has been cited

Cited by 8 later decisions — most recently February 1926

8 state decisions

40187118801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dixon, C. J.

¶1In this case there were no exceptions to the findings of fact or conclusions of law in the court below, and therefore, according to the well settled practice in this court, there is nothing for us to review, except to see if the finding supports the judgment. And we think it clearly does. The court found as a fact that the defendant became the owner of the mortgaged premises by purchase, and, as a part of the consideration, agreed to pay the usurious mortgage then upon the premises, executed by John Mitchell, and which mortgage entered into and formed part of the consideration of the mortgage in suit, subsequently executed by the defendant herself. As a conclusion of law, the court said the defendant was precluded from setting up the defense of usury to this mortgage. Having obtained the title to the premises *418subject to the usurious mortgage, which, as part of the purchase money or price, she agreed to pay, we suppose there can’ be no doubt as to the correctness of the conclusion of the court below, that the defendant was cut off from availing herself of the defense of usury. Such being the only possible question presented by the case as brought up, it follows that the judgment must be affirmed.

¶2By the Court. — It is so ordered.

Lyon, J., having presided at the circuit when the cause was tried, took no part in the decision of the appeal. •
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